UK Immigration First-tier Tribunal Appeal

If your UK visa or immigration application has been refused, our expert immigration appeal lawyers can provide the necessary legal advice, help assess whether you have grounds for an appeal to the First-tier Tribunal (Immigration and Asylum Chamber), and represent you during your appeal hearing.

This guide covers essential details, including who can appeal, the types of claims eligible for appeal, important deadlines, how to file an appeal, and other frequently asked questions.

For appeals related to the Upper Tribunal, Administrative Reviews, or Judicial Reviews, we have separate pages dedicated to each.

What is the First-tier Tribunal (Immigration and Asylum Chamber)?

The First-tier Tribunal (Immigration and Asylum Chamber) is the initial court that handles appeals against the UK Home Office’s decisions on immigration matters. These decisions could involve refusals of visa applications, deportation, or permission to remain in the UK. The Tribunal is independent of the Home Office and has the authority to overturn its decisions.

Right to Appeal to the First-tier Tribunal (Immigration and Asylum Chamber) When Can You Appeal?

Not all immigration decisions by the Home Office can be appealed. However, if your case involves the following situations, you may be eligible to appeal to the First-tier Tribunal:

• Refusal of a human rights or protection claim (including asylum and humanitarian protection claims)
• Refusal or revocation of a residence document under the Immigration (European Economic Area) Regulations 2016
• Revocation of British citizenship
• Refusal or revocation of status, or deportation, under the EU Settlement Scheme
• Refusal or revocation of family or travel permits under the EU Settlement Scheme
• Refusal or deportation if you are a frontier worker or S2 healthcare visitor

If your claim is certified as “clearly unfounded,” there may not be a right of appeal. However, you might still challenge this certification through Judicial Review.

Even if you are told that your case does not qualify for appeal, it might still be possible to challenge this decision in the Tribunal.

If you're unsure whether your case qualifies for appeal, our London-based immigration appeal lawyers can offer guidance.

Appealing Human Rights Claims

Human Rights Claims Within the UK

If you’re applying from within the UK, certain immigration applications may be treated as human rights applications. The following applications typically have a right of appeal if refused:

• Long Residence Applications
• Family member applications under Appendix FM or Part 8
• Private Life applications
• Partner or child of a member of HM Forces applications

A human rights claim means that removing you from the UK or refusing entry would breach your rights under the Human Rights Act 1998.

Human Rights Claims Outside the UK

If you’re applying from outside the UK, applications such as spouse, civil partner, or unmarried partner visas under Appendix FM generally carry a right of appeal if refused. Claims involving human rights under the Immigration Rules may also lead to appeal rights.

Appealing Protection Claims

Protection Claims: Asylum and Humanitarian Protection

Protection claims typically involve asylum or situations where an individual is at risk of serious harm if removed from the UK. These claims also include those seeking humanitarian protection because of serious risk.

The following protection claims usually qualify for an appeal:

• Claims that removal from the UK breaches obligations under the Refugee Convention.
• Claims that removal would breach obligations for granting humanitarian protection.

Limitations on the Right to Appeal

"Clearly Unfounded" Claims

If your further submissions are deemed not to constitute a fresh claim, there may also be no right of appeal. However, a certificate for this can be challenged through Judicial Review.

Time Limits for Appealing

• Inside the UK: If you are appealing from within the UK, you have 14 calendar days to file your appeal from the date the decision notice was sent.
• Outside the UK: If you are appealing from outside the UK, you have 28 calendar days from receiving the decision to lodge your appeal.

For appeals related to the EU Settlement Scheme or Administrative Reviews, the time limit may begin from when the decision on the administrative review is received.

Note: The time limit is based on calendar days, not business days. If the deadline falls on a non-working day, you can submit your appeal the next working day.

If you miss the deadline, you can apply for an extension, provided you explain the reason for the delay.

Grounds for Appealing to the First-tier Tribunal

Grounds for Human Rights Claims

An appeal against the refusal of a human rights claim may only be based on the ground that the decision is unlawful under Section 6 of the Human Rights Act 1998.

Grounds for Protection Claims

For protection claims, appeals can be made based on the following grounds:

• Removal would breach the UK’s Refugee Convention obligations.
• Removal would breach humanitarian protection obligations.
• Removal would violate rights under the Human Rights Act 1998.

How to Appeal a UK Visa or Immigration Decision

Most immigration appeals are submitted online via the MyHMCTS service. If you have been refused pre-settled or settled status under the EU Settlement Scheme, or are in detention, we will use a paper form for your appeal.

Once submitted, we will build your case by drafting an appeal skeleton argument and compiling supporting documents, which will be reviewed by the Home Office.

If necessary, we will request a hearing where an Immigration Judge will review your case. Your immigration barrister will represent you, question witnesses, and present arguments to support your case.

Immigration Appeal Hearings

The Tribunal may schedule a hearing, either in person or remotely. At the hearing, your immigration barrister will present the case before the Immigration Judge, arguing why the appeal should be allowed.

First-tier Tribunal Immigration Appeal Processing Times

Timeframe for Hearings

The time it takes for your case to be listed for a hearing varies, but it can take several months. After the hearing, most decisions are made within 3 to 4 weeks.

Urgent Immigration Appeals

If you need your case to be heard urgently, you may request an expedited hearing. This requires proving compelling reasons, supported by evidence.